Get free answers to your Wrongful Death legal questions from lawyers in your area.
Id like to know if a commercial landlord can be held liable for any personal injuries suffered by any persons within the confines of the tenants leased space that a tenant has full control of, when the tenant agrees per lease agreement they are solely responsible to perform ALL upkeep, repairs and... View More 
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answered on Apr 16, 2024
In general, a commercial landlord's liability for injuries that occur within a tenant's leased space is limited when the tenant has full control over the space and has agreed to maintain it. However, there are some exceptions and nuances to consider:
1. Lease agreement: If the... View More
Only heir, my dad died 6 yrs ago with a will naming me sole beneficiary. They have already run complete lien checks to be sure nothing is owed to anyone. I’m going to be receiving a settlement check but they want to put check to the estate of. I called bank and they are telling me I would have to... View More
answered on Mar 22, 2023
Show your lawyer the will, in which you are named sole beneficiary. Then emphasize that the money is going to end up with you anyway, and that going thru the estate process (filing with the Probate court, advertising your appt. as executor, etc) will be a worthless (and needlessly expensive)... View More
answered on Jan 11, 2023
I strongly suggest you speak with an experienced wrongful death lawyer in your area to see if you have a viable claim. First, an administration of your Father's estate will need to be set up and I am assuming you would be the appointed as the administrator. In order to bring a claim for... View More
For example, if your wife killed someone by driving under the influence of drugs and alcohol, and they are currently in the system for future sentencing. Can a civil attorney of the victim's family take her mortgage or the estate's value if she filed jointly with her husband who committed... View More
answered on Jun 20, 2022
A Massachusetts attorney could advise best, but your question remains open for three weeks. This is something that would require more thorough analysis than solely looking at tax filing status (you mention filing jointly). Attorneys would look at ownership of the property and assets, not only tax... View More
He would need to be hospitalized from time to time due to manic episodes. Normally, he was not suicidal & in fact, very happy. Episodes of depression would always follow, every time his doctor would put him on a new medication and this time he told his doctor that he was severely depressed and... View More
answered on Oct 20, 2019
I'm very sorry for your loss. A Massachusetts attorney could advise best, but your question remains open for a week. Such a case could be difficult because today's mental health-related pharmaceuticals carry warnings that are a mile long. As a starting point, you could contact a med mal... View More
I worked as assistant manager (manager on duty at time of incident) for school/residential program serving children with autism and developmental disabilities. During a shift many years ago all the children had the flu. One died. Now his family/estate are suing the school and requiring my... View More
answered on Jun 5, 2019
If you are a witness who has relevant information on a matter before a Court of the Commonwealth and properly served with a subpoena you do need to attend and you have the right to obtain counsel to represent you in the deposition as well. This is akin to jury duty in that participation is... View More
answered on Dec 18, 2018
The negligence (liability) component of the case would not change, i.e. was there a duty of care breached by the defendant? There are, however, different procedural and damages elements for a wrongful death case, as compare to a personal injury case. A lawyer can provide specific guidance,... View More
answered on Dec 14, 2018
No. It can likely help, but not required. Suggest you contact a member of the Mass Academy of Trial Lawyers--they give free consults
answered on Sep 26, 2018
I assume by "other person" you are referring to a potential defendant who allegedly caused or contributed to the death at issue. Wrongful death claims can be brought by the decedent's estate against any person or entity who caused, or substantially contributed to cause, the alleged... View More
answered on Sep 17, 2018
You need to report everything to your bankruptcy attorney ASAP and the other attorneys involved in the estate/ wrongful death matter ASAP as well.
answered on Sep 4, 2018
Did father have a Will? Was he intestate? Generally the Personal Rep. brings the action for the Estate. However, importantly You have not stated enough facts to determine whether his death was in the context of an accident, medical malpractice , or whether it related to his work and you should meet... View More
answered on Aug 17, 2018
In such a circumstance, criminal charges will likely be pursued by the State. However, individuals (or Estates of individuals) who have suffered harm my pursue a civil action against the drunk driver, or against an establishment that allegedly served alcohol to an intoxicated patron, contributing... View More
answered on Aug 3, 2018
In most circumstances, you have 3 years to file a wrongful Death lawsuit in Massachusetts. You usually need to have a representative to the decedents estate appointed by the probate and family court to proceed with a wrongful death action. I suggest you contact an experienced attorney in these... View More
answered on Jul 18, 2018
Due to Massachusetts Wrongful Death Act, M.G.L. c. 229, an exception to the common law, punitive damages are available if a person or corporation's gross negligence or willful or wanton conduct causes a death.
answered on Apr 16, 2018
The heirs that believe a suit is appropriate should raise an estate. That person can chose not to receive money.
answered on Jan 23, 2018
Did your brother have a spouse and/or dependent children?
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answered on Jan 23, 2018
Depending upon how long ago the death occurred there may possibly be a nursing home malpractice/tort claim which you should investigate as soon as possible. This involves someone being appointed Personal Representative by the Probate Court to obtain medical records of the decedent for an evaluation... View More
A family member passed away 9 years ago and the cause of death was listed as accidental, but the toxicology report shows 2 prescribed drugs were in system of the deceased. After many years passed we have since learned that these 2 drugs are dangerous when prescribed together and they are... View More
answered on Nov 15, 2017
I don't see a case here, let alone one that would survive a statute of limitations problem, but for the sake of closure why not consult a member of the Mass Academy of Trial Lawyers--they give free consultations.
I explained to the operator that he had been diagnosed with/ viral cardiomyopathy 3 years prior and that I think he's having heart trouble again. They asked me if I needed the fire department or the squad? I told them that I needed the squad. The operator transfered me 3 times . My husband... View More
answered on Mar 31, 2017
I would certainly suggest you contact a member of the Mass Academy of Trial Lawyers in your area. If you need the names of some, let me know.
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